Probate actions

View Wills & Probate by content type:

Latest Wills & Probate News

Featured Wills & Probate content

Practice notes
Sources of help for solicitorsSolicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law...
Read More >
19th May
Practice notes
Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...
Read More >
19th May
Q&As
What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm...
Read More >
Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 19th May
Practice notes
Probate actions—mutual WillsThe term ‘mutual Wills’ is used to describe joint or separate Wills made as a result of an agreement between the parties...
Read More >
Produced in partnership with Adam Draper of Shoosmiths 19th May
Practice notes
Preparing the application form PA1P/PA1A for probate or administration'>letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P...
Read More >
19th May
Practice notes
Probate actions—Larke v Nugus requestsWhat is a Larke v Nugus requestIn 1959 the Law Society first recommended that where a dispute arises about the...
Read More >
19th May
Practice notes
Contents of Wills—residuary giftsWhat a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include...
Read More >
19th May
Practice notes
Variation of Will or intestacy after death—Q&AsA deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on...
Read More >
19th May
Q&As
Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Q&As
For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?There are specific...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Entitlement to a grant for a non-domiciled testatorDeceased domiciled outside England and WalesA grant issued in England and Wales will be necessary...
Read More >
19th May
Practice notes
Revocation of WillRevocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any...
Read More >
19th May
Practice notes
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
Read More >
19th May
Practice notes
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
Read More >
Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 19th May
Practice notes
Will drafting—hotchpotHotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases...
Read More >
19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
Read More >
19th May

Most recent Probate actions content

Q&As
Is a beneficiary, named in a Will, entitled to see the Will or any part of it before probate is extracted?This Q&A assumes that the Will is not being...
Read More >
11th Jun
Q&As
What options are available to deal with money held on client account in relation to a deceased individual's Will trust and no grant of probate has yet...
Read More >
10th Jun
Precedents
Summons for discontinuance of caveatIN THE HIGH COURT OF JUSTICEFAMILY DIVISION[THE PRINCIPAL REGISTRY OR [location] DISTRICT PROBATE REGISTRY OR ...
Read More >
7th Jun
Q&As
Is there a process by which a testator’s solicitor or Will-writer can be summoned to give evidence on oath about the preparation and execution of a...
Read More >
6th Jun
Q&As
When a grant of probate has been issued to two executors and one subsequently loses mental capacity, is the grant still valid?In the above scenario,...
Read More >
6th Jun
Q&As
How can an individual request a search for a caveat before applying for a grant?As set out in Practice Note: Probate actions—caveats, before a grant...
Read More >
6th Jun
Q&As
Where a grant of representation has been granted to the attorney of an executor appointed under a Will can the grant be revoked by the attorney or by...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 6th Jun
Q&As
Will the probate office accept a certified copy of a lost Will or will the presumption apply that the Will was revoked by the testator having...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 6th Jun
Q&As
Does an application to remove a caveat after an appearance has been entered have to be made by summons to a District Judge of the Principal Registry...
Read More >
6th Jun
Q&As
If acting as an attorney for the executor of an estate (grant already obtained), is the attorney able to issue proceedings on behalf of the estate?We...
Read More >
6th Jun
Q&As
In the event that an individual dies intestate, and no grant has yet been extracted, who is entitled to make decisions in respect of the disposal of...
Read More >
6th Jun
Q&As
What resources do you have on intermeddling in a deceased’s estate?Intermeddling is where a person carries out acts in a deceased’s estate that show...
Read More >
6th Jun
Q&As
Does the Limitation Act 1980 apply to a claim for proprietary estoppel?The Limitation Act 1980 (LA 1980) does not apply to a claim for proprietary...
Read More >
Produced in partnership with Richard Dew of Ten Old Square 6th Jun
Q&As
Once a warning to a caveat has been sealed, is there any time limit within which that warning has to be served? If it is not served within that time,...
Read More >
6th Jun
Q&As
T has died testate, leaving most of their estate to a former partner, X. X is also named as T’s executor. How can T’s surviving relatives challenge...
Read More >
Produced in partnership with Mariel Stringer-Fehlow of Mishcon de Reya LLP 6th Jun

Popular documents